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1. On April 26, 2016, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, the original state branch of the Chuncheon District Court.
Reasons
1. Facts of recognition;
A. On April 26, 2016, C Co., Ltd entered into a mortgage agreement with D on each real estate indicated in the separate sheet, which is one’s own ownership, and completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) with the maximum debt amount of KRW 90,000,000, the debtor C Co., Ltd., and the mortgagee C Co., Ltd. on April 26, 2016, as the head of Chuncheon District Court Decision No. 23224, Apr. 26, 2016.
B. Around December 3, 2017, D prepared a written confirmation to the Plaintiff that “The Plaintiff shall transfer all the rights regarding investment and dividend funds invested in the F shopping center located in E in the original city of the Republic of Korea to the Plaintiff.” On December 4, 2017, D additionally prepared a written confirmation stating that “The instant right to transfer to the Plaintiff includes the instant right to collateral security, and if the Plaintiff requests the transfer of the right to collateral security, it will immediately cooperate.”
C. Around December 5, 2018, D died, and his spouse G, the Defendant, and H were the deceased’s heir. However, G and H reported on January 24, 2019 to waive the deceased’s inheritance, and on February 18, 2019, the said report was accepted on February 18, 2019. On January 24, 2019, the Daejeon Family Court reported the qualified acceptance of the deceased’s inheritance on the deceased’s property as the Daejeon Family Court Decision 2019Mo156, supra.
[Grounds for recognition] Each of Gap evidence Nos. 2-7 and 10-13 (including virtual numbers), the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant, who is the deceased D’s heir, is obligated to implement the registration procedure for transfer based on the transfer of the right to collateral security of this case to the Plaintiff on December 3, 2017.
3. In conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the defendant bears the costs of lawsuit in consideration of the fact that the defendant accepted the inheritance of the deceased D's property.